US Citizen asked to appear at local office?

[Jackolantern]

Can you please guide me a section of law under INA or CFR or admistrative guidelines or BIA or AAO or any case law decisions ,Executive orders or reported in any forum,where it this kind ,under an umbrella,permitted.

http://www.uscis.gov/err/E5 - Admin...ecisions_Issued_in_2004/JUN152004_01E5342.pdf
(bolding is mine)

Section 342 of the Act, 8 U.S.C. $1453 states:

The Attorney General [now, Secretary, Homeland Security, "Secretary"] is authorized to cancel any certificate of citizenship, certificate of naturalization, copy of a declaration of intention, or other certificate, document or record heretofore issued or made by the Commissioner or a Deputy Commissioner or hereafter made by the Attorney General [Secretary] if it shall appear to the Attorney General's [Secretary's] satisfaction that such document or record was illegally or fraudulently obtained from, or was created through illegality or by fraud practiced upon, him or the Commissioner or a Deputy Commissioner; but the person for or to whom such document or record has been issued or made shall be given at such person's last-known place of address written notice of the intention to cancel such document or record with the reasons therefore and shall be given at least sixty days in which to show cause why such document or record should not be canceled. The cancellation under this section of any document purporting to show the citizenship status of the person to whom it was issued shall affect only the document and not the citizenship status of the person in whose name the document was issued.

...

The Ninth Circuit Court of Appeals noted that, "[a] certificate is illegally procured if it is later determined that
an essential finding of fact in the naturalization proceeding was erroneous.

 

[newapplicant]

http://www.uscis.gov/err/E5 - Admin...ecisions_Issued_in_2004/JUN152004_01E5342.pdf
(bolding is mine)

Agreed --but again I state that the above matter is related to a certificate obtained illegally or by Fraud and notice is to be served with allegations and all that. AAO decision mentions that.
But in OPs case as posted , is not that issue and cancelling arbitrarily at visit still doesn't meet the law unless illegailty is involved and a due notice served.My intention is that to say it is not that easy CIS except that may be if 'REPLACING' of a 'defective'-one may be possible,I do not know ,but not just snap action of cancellation
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Note: I am not a lawyer and I am just a lay man without any legal knowledge.!
Read the above STRICTLY at your own risk.

 

[sirus]

Oath letter

Hi every one,

I saw this site very interesting. There are many experienced people ever here which I believe may help me.
I got my inteview since June 17th 2009, passed both tests but was asked to provide additional documents which were sent July 13th. The IO told me that if she received the additional documents she will approve my application.
Since then I am waiting for my oath letter.
I called the 1800 number and talked with the Customer service who does not even know if I was interviewed(he only noted that the FP was done). I did ask him to talk to his Supervisor (Immigration Officer) and get connected to her, who looks up to her computer and found out my oath letter is on the way and will be receive in 2 weeks.

Question: since the 2 sources are too different, which of the 2 sources I should believe and why?
Please kindly revert with comments.

 

[Jackolantern]

Agreed --but again I state that the above matter is related to a certificate obtained illegally or by Fraud and notice is to be served with allegations and all that. AAO decision mentions that.

I don't think there is anything actually illegal or fraudulent here. But USCIS might mistakenly think so. Obviously they think something is wrong, despite the OP having no knowledge of anything wrong. But note that "illegal" in this context does not have to include fraud; it can involve errors, as mentioned in what I quoted in my prior post.

But in OPs case as posted , is not that issue and cancelling arbitrarily at visit still doesn't meet the law unless illegailty is involved and a due notice served.

The law prevents them from canceling it on the spot. However, they can physically take it away without officially canceling it yet, especially if the person shows up at their office and puts it in their hands without a fight. Then they can provide the 60-day notice and other required procedures, or work on providing a corrected replacement, and the person does not have the certificate until the situation is resolved (even though it remains "alive" during the proceedings). So the holder of the certificate should not give them that opportunity to physically take it away. Show them the copy of the certificate, and if something is wrong USCIS can explain it based on looking at the copy.

 

[WBH]

The first level officer does not know more than you can find on onlie status
you can chyeck out yourself. The second level officer have more access.
So in your case, what the supervisor toldyou is more reliable and perhyaps most likely the case but no 100% guarantee is correct

 

[Jackolantern]

Hi every one,

I saw this site very interesting. There are many experienced people ever here which I believe may help me.
I got my inteview since June 17th 2009, passed both tests but was asked to provide additional documents which were sent July 13th. The IO told me that if she received the additional documents she will approve my application.
Since then I am waiting for my oath letter.
I called the 1800 number and talked with the Customer service who does not even know if I was interviewed(he only noted that the FP was done). I did ask him to talk to his Supervisor (Immigration Officer) and get connected to her, who looks up to her computer and found out my oath letter is on the way and will be receive in 2 weeks.

Question: since the 2 sources are too different, which of the 2 sources I should believe and why?
Please kindly revert with comments.

Please start your own thread, as your situation is completely different from what is being discussed in this thread.

 

[sirus]

Hi WBH,

Thank you for your prompt reply which was much appreciated.

All the best to every body.